7-Eleven requests wage lawsuit be moved to federal court

By Hoang Tran | Nov 13, 2015

LOS ANGELES (Legal Newsline) – 7-Eleven is requesting a case in which two former employees are suing the company for lost wages and compensation to be heard in federal court.

Plaintiffs Marvin Gee and Cathy Saylor originally filed their class action lawsuit on May 20 in the Superior Court of California in Los Angeles County against the company and Does 1 through 100, claiming that the company violated various labor laws concerning overtime pay and travel expenses. 7-Eleven is seeking to have this case be seen in federal court.

The plaintiffs allege that, from May 20, 2011, to present, the defendants violated labor laws by failing to pay all earned and due wages, failing to provide meal and rest breaks, failing to timely pay wages, issuing inaccurate wage statements, and failing to keep accurate payroll records. The plaintiffs further allege that they and the other class members “are entitled to restitution of the wages and other monies withheld and retained by defendants during a period that commences from four years preceding the filing of this complaint,” according to the suit.

The plaintiffs claim that the defendants misclassified them as exempt employees due to their position as field consultants. This misclassification allowed the defendants to allegedly withhold certain pay and compensation from them.

They are seeking a trial by jury and special, general, incidental, and consequential damages; equitable, injunctive, and restitutionary relief; pre-judgment interests; court costs and attorney fees; and any other rewards deemed just by the courts.

7-Eleven seeks to remove this case to federal court because the plaintiffs are citizens of a state different than that of the company, the amount sought exceeds $5 million, and the proposed punitive case exceeds 100 individuals.

7-Eleven is represented by attorneys Eric A. Welter, Laura B. Thomasian, and Sean F. Daley from the office of Welter Law Firm, P.C. in Herdon, Virginia and Burbank, California respectively, and Julie R. Trotter form Call & Jensen in Newport Beach, California.

The plaintiffs are represented by Kurt E. Kananen of Hartmann & Kananen in Woodland Hills, California, James R. Kristy at the Kristy Law Firm in Seal Beach, California, and Yashdeep Singh of Yash Law Group in Brea, California.

U.S. District Court for the Central District of California case number 2:15-cv-08513-PSG-AGR

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